“Beyond the Score”: Sixth Circuit Re-Affirms Broad Sentencing Discretion to Up-Variance on Recidivism Grounds Commentary on United States v. Timothy Noble, No. 24-5186 (6th Cir. July 7 2025) I....
Sixth Circuit Endorses Measured Reliance on JSIN Statistics When Balancing § 3553(a) Factors in Child-Pornography “Sextortion” Sentencings Introduction United States v. Brenden David Martin is an...
Rule 36 Is Not a Back-Dating Device: Sixth Circuit Re-defines the Narrow Ambit of “Clerical Error” in United States v. Marzell Anderson, III Introduction The Sixth Circuit’s unpublished opinion in...
“Beyond Call Volume” – Sixth Circuit Re-affirms Twombly/Iqbal Pleading Threshold for TCPA Autodialer & Prerecorded-Voice Claims Introduction Antonio Lynn Fluker, Jr. v. Ally Financial, Inc., No....
Smith v. Davis: Strengthening Federal Oversight of Conditional Habeas Writs and the Presumption of Release Pending Appeal Introduction David M. Smith was twice convicted in Ohio state court for the...
Savel v. MetroHealth: Sixth Circuit Clarifies Post-Groff “Undue Hardship” and Rejects an Implied Interactive-Process Duty under Title VII Introduction In Frank Savel v. The MetroHealth System, No....
Sixth Circuit Re-Affirms Broad Discretion for Upward Variances When the Defendant Commits New Crimes While Incarcerated & After Escape – Commentary on United States v. Alex Robinson (2025)...
Strategic Delay Is Not “Good-Cause” – The Sixth Circuit in United States v. Chase Russell Downey Clarifies Standards for Untimely Suppression Motions and Confirms Broad Application of Constructive...
United States v. Deangelus Thomas – Sixth Circuit Confirms that Erlinger Errors Are Subject to Harmless-Error Review and May Be Resolved with Shepard Documents 1. Introduction United States v....
“Jury, Not Judge” – The Sixth Circuit’s First Full Application of Erlinger to the ACCA “Different-Occasions” Question Introduction The Sixth Circuit’s decision in United States v. Timothy John Lewis,...
United States v. Horsley: Sixth Circuit Clarifies Explanation Requirements and Appellate Review Standards for § 3582(c)(2) Sentence Reductions Post-Amendment 821 1. Introduction United States v....
No Quasi-Contractual Duty to Pay “Full Value” of Out-of-Network Emergency Care: The Sixth Circuit Clarifies the Limits of Quantum Meruit in AMISUB (SFH), Inc. v. Cigna Health & Life Insurance Co. 1....
Post-Bruen Endorsement of Federal Firearms Prohibitions – A Sixth Circuit Commentary on United States v. Greely, Branch & Burnett Introduction The consolidated appeal in United States v. Demarcus...
Post-Bruen Stability in Federal Firearms Law: The Sixth Circuit Re-Affirms the Constitutionality of 18 U.S.C. §§ 922(o) and 922(g)(1) Introduction In United States v. Greely, Branch & Burnett...
Post-Bruen Endurance of Federal Firearms Prohibitions: Sixth Circuit Affirms Constitutionality of §§ 922(o) & 922(g)(1) and Clarifies Waiver of § 922(g)(3) Challenges Introduction United States v....
When Forum-Selection Clauses Collide: The Sixth Circuit Limits Rule 12(b)(6) Dismissals Where Venue Agreements Are Factually Disputed Introduction VCST International B.V. (“VCST”), a Belgian...
The Sixth Circuit’s “Element-by-Element” Mandate for Class Certification: Speerly v. General Motors, LLC and the Re-Calibration of Rule 23 Analysis 1. Introduction On 27 June 2025 the en-banc United...
United States v. Higgins: “Continuous-Dealer Residence Nexus” and Refreshed-Staleness Doctrine Fortified by the Sixth Circuit Introduction Citation: United States v. Rodney Hamilton Higgins, Jr., No....
Escalating Racial Abuse, Physical Harm, and Threats as “Adverse Action”: New Guidance on Retaliation & Equal-Protection Pleading Standards in Coleman v. Kent 1. Introduction Charlie Omar Coleman, an...
United States v. Doyce Barnes: The Sixth Circuit Declares Pyramid Schemes Per Se Mail-Fraud and Unveils the “Emperor-Package” Investment-Contract Test Introduction In United States v. Doyce Barnes...